May a full-time New Mexico judge also hold a second judgeship if the schedules do not conflict?

Plain-English summary

The requester asked whether a court judge could serve on another court. The request said the duties were identical, the second court's hours would avoid scheduling conflicts, and the Tribe's sovereign jurisdiction meant there would be no conflict of interest. The opinion's court names are redacted in the official PDF. Source: Opinion 01-07, p. 1

The committee responded by citing Rule 21-500's ban on full-time municipal, magistrate, metropolitan, district, and appellate judges holding another judicial position. It did not analyze the proposed schedule further. Source: Opinion 01-07, p. 1

In practice

Under the rule quoted in the opinion, separate hours and the asserted absence of a conflict did not create an exception for a full-time judge's second judicial position. Source: Opinion 01-07, p. 1

Common questions

Q: Did the committee approve the second judgeship because hearings occurred outside ordinary hours?

A: No. It answered with the Code's ban on full-time judges holding another judicial position. Source: Opinion 01-07, p. 1

Q: Did the opinion identify both courts?

A: No. The official PDF leaves the court names blank, while the request refers to the Tribe's jurisdiction. Source: Opinion 01-07, p. 1

Background and rules framework

The committee applied then-current New Mexico Code of Judicial Conduct Rule 21-500, specifically its prohibition on a full-time judge holding a second judicial position. Source: Opinion 01-07, p. 1

Citations and references

• New Mexico Code of Judicial Conduct Rule 21-500 I, as printed in the opinion. Source: Opinion 01-07, p. 1

See also

• NM Judicial Op. 05-01: Tribal Court Service
• NM Judicial Op. 06-01: Pro Tem University Director

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 01-07

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. Frank H. Allen, Jr., Chairman
Hon. Marie A. Baca
Hon. James J. Wechsler
Prof. William MacPherson
RECEIVED
October 18, 2001
OCT 2 3 2001

SUPREME COURT
LAW LIBRARY

Re: Judicial Advisory Opinion 01-07

Dear

You have asked this committee to advise you as to whether or not it would be of violation of the Code
of Judicial Conduct for a
Court Judge to also serve as a judge on a
Court.

You also indicate that the judge would be performing identical duties on the Court as
those required in
Court. There would be no conflict in schedules since the
Court matters would be heard on evenings, weekends and holidays. Also, given the sovereign jurisdiction of the Tribe, there would be no conflict of interest.

The answer to your question is found in Rule 21-500 I which provides:

No full-time municipal, magistrate, metropolitan, district or appellate judge may hold any other judicial position, elected or appointed.

Very truly yours,

.4

Frank H. Allen, J.
District Judge, Division

FHA/mah